RATAN KASHINATH NAIKODE v. THE STATE OF MAHARASHTRA AND OTHERS
Case Details
*1* 903t905wp7701o20group IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 903 WRIT PETITION NO.7701 OF 2020 RATAN KASHINATH NAIKODE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... AND 904 WRIT PETITION NO.7702 OF 2020 PRATAP NARAYANRAO HUMBE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... AND 905 WRIT PETITION NO.3129 OF 2022 MADHUKAR SADASHIV MALODE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... AND 909 WRIT PETITION NO.7015 OF 2022 BALASAHEB HANMANTRAO MITTEWAD VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... AND 911 WRIT PETITION NO.8778 OF 2022 VASANT SITARAM VAIDYA AND ANOTHER VERSUS THE STATE MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... AND 912 WRIT PETITION NO.8780 OF 2022 SUNILKUMAR JANARDHANRAO BHAVSAR VERSUS THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ... *2* 903t905wp7701o20group AND 913 WRIT PETITION NO.8782 OF 2022 PURUSHOTTAM RANGNATH GAIKWAD AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... AND 914 WRIT PETITION NO.8813 OF 2022 SUDHAKAR DATTATRAY ADHAV VERSUS THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS ... AND 915 WRIT PETITION NO.8829 OF 2022 MAROTI ANANTRAO TAK AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... AND 916 WRIT PETITION NO.8832 OF 2022 ANAND VISHWANATH BODADE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... AND WRIT PETITION NO.8679 OF 2022 MURLIDHAR ANANDRAO LOKHANDE VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.8722 OF 2022 ALKA SAKHARAMPANT NATHREKAR VERSUS *3* 903t905wp7701o20group THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.6489 OF 2022 ASHOK CHANDOJI PANDIT AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.6488 OF 2022 ABDUL MANNAN ABDUL SATTAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS … AND WRIT PETITION NO.8883 OF 2022 BHAGWAN SHENFAD JADHAV AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS …
Legal Reasoning
Shri A.C. Deshpande, Shri E.S. Murge, Shri H.S. Bali, Shri S.N. Janakwade, Shri S.B. Sontakke and Shri C.V. Dharurkar, Advocates for the petitioners in the respective petitions. Shri S.K.Tambe, Shri S.G. Karlekar, Shri S.G. Sangle, Shri P.S.Patil and Shri A.R. Kale, AGPs for the respondents/State in the respective petitions. Shri S.B. Pulkundwar, Advocate for respondents 3 to 5 in Writ Petition No.3129/2022. Shri B.B. Bhise, Advocate for respondents 2 to 5 in WP 7015/2022 and 8778/2020 and for respondents 2 to 6 in WP 8782/2022. Shri V.H. Solanke, Advocate for respondents 4 to 6. *4* 903t905wp7701o20group Shri C.K. Shinde, Advocate for respondents 3 and 4 in WP 6489/2022, 6488/2022 … CORAM : RAVINDRA V. GHUGE ARUN R. PEDNEKER, JJ. & DATE :- 26th August, 2022 Per Court :- 1. The matters viz. Writ Petition Nos.8679/2022, 8722/2022, 6489/2022, 6488/2022 and 8883/2022, which are not on the board, are mentioned. Considering the similar issue involved, they are also heard along with this group of petitions. 2. In all these petitions, the issue that has been raised by the petitioners is as regards the notional addition of an annual increment, while computing their pension and pensionary benefits. Such increment became due and payable on the last day before their superannuation, on completion of one year service. 3. All these petitioners have superannuated on the 30th day of June of the particular year, as they were due for superannuation. For the sake of clarity, the names of the petitioners and their dates of superannuation are mentioned in the chart hereunder:- *5* 903t905wp7701o20group W.P.No. Sr. No. 8679/2022 Date Of appointment -- Name of the petitioners Date of last increment Date of superannua tion 30.6.2020 1.7.2019 1 2 3 4 5 6 8722/2022 1.9.1983 7701/2020 23.11.1992 7702/2020 31.8.1988 1.9.1983 8780/2022 27.6.1989 8829/2022 31.7.1984 21.11.1990 Murlidhar Anandrao Lokhande Alka Sakharampant Nathrekar Ratan Kashinath Naikode Pratap Narayanrao Humbe Digambar Govindrao Bharate Sunilkumar Janardhanrao Bhavsar Maroti s/o Anantrao Tak Baliram s/o Dagdu Dhawale Anand Vishwanath Bodhade 7 8832/2022 11.12.1979 8. 8883/2022 9. 3129/2022 10 7015/2022 11 8778/2022 12 8782/2022 7.5.1981 6.1.1986 10.3.1981 23.12.1982 Machindra Vishwanth Ugle Bhagwan Shenfad Jadhav Ramjani Munir Baig Madhukar Sadashiv Malode Balasaheb Hanumantrao Mittewad Vasant Sitaram Vaidya Devichand Belaram Tathe Purshottam Rangnath Gaikwad 27.11.1991 15.4.1982 17.1.1986 -- 1.7.2019 30.6.2020 1.7.2018 30.6.2019 1.7.2016 30.6.2017 1.7.2013 30.6.2014 1.7.2021 30.6.2022 1.7.2021 30.06.2022 1.7.2021 30.06.2022 1.7.2012 30.6.2013 1.7.2012 30.6.2013 1.7.2016 30.6.2017 1.7.2016 30.6.2017 1.7.2020 30.6.2021 1.7.2020 30.6.2021 1.7.2020 30.6.2021 1.7.2020 30.6.2021 1.7.2016 30.6.2017 10.07.1986 Madhukar Bhagwan 1.7.2016 30.6.2017 *6* 903t905wp7701o20group -- 13 8813/2022 11.7.1991 14 6489/2022 18.08.1981 10.01.1996 15 6488/2022 01.04.1985 05.11.1984 28.03.1988 30.04.1985 01.08.1987 21.02.1986 06.06.1988 19.06.1986 01.04.1985 10.06.1991 03.04.1993 Misal Shila Ramesh Bubne Sudhakar Dattatraya Adhav Ashok Chandoji Pandit Bhagvan Sambha Govande Abdul Mannan Abdul Sattar Pradeep Prabhakarrao Vakil Kishor Venkatswami Tirnagarwar Gangadhar Vithalrao Aurade Deepak S. Kamble Bapusaheb S. Durpade Ganesh V. Sarje Younus Khan M.A. Kadar Khan Vithal Narsing Alewar Arjun Dagdoba Kendre Ananta Jalabaji Panjol 1.7.2010 30.6.2011 1.7.2020 30.6.2021 01.07.2018 30.06.2019 30.06.2020 30.06.2021 30.06.2020 30.06.2021 01.07.2016 30.06.2017 30.06.2019 30.06.2020 30.06.2016 30.06.2017 01.07.2016 30.06.2017 30.06.2019 30.06.2020 30.06.2016 30.06.2017 30.06.2018 30.06.2020 30.06.2018 30.06.2019 30.06.2019 30.06.2020 30.06.2019 30.06.2020 4. The issue raised in these matters is no longer res- integra in the light of the judgment delivered by the Madras High Court on 15.09.2017 in Writ Petition No.15732/2017 filed by P.Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others, which has been sustained by the Honourable *7* 903t905wp7701o20group Supreme Court. This Court (Coram : Ravindra V. Ghuge and Anil L. Pansare, JJ) has also delivered the judgment dated 23.06.2022 in Writ Petition No.6256/2022 filed by Changdeo Genuji Dudhat and others vs. State of Maharashtra and others and connected petitions. We have corrected paragraph 10 of our judgment dated 23.06.2022 vide order dated 13.07.2022. 5.
Decision
In view of the above, the case of the petitioners is squarely covered by the said order dated 23.06.2022 and they stand entitled for the benefits as ordered in paragraph 9 and corrected paragraph 10 of the order dated 23.06.2022 in Changdeo Genuji Dudhat (supra), which read as under :- “9. It is quite apparent that the judgment delivered by the Madras High Court in P.Ayyamperumal (supra), became a cause for these petitioners to approach this Court. None of them had challenged the non-inclusion of the annual increment in their pensionary benefits for calculation purposes, when they superannuated on 30th June of a particular year. As the judgment delivered in P. Ayyamperumal (supra) became known to all, that these petitioners have approached this Court. Some of the petitioners have superannuated in between 2016 and 2021. 10. Considering these aspects, we are of the view that the arrears of such benefits as granted by us in paragraph 9 hereinabove, could be restricted for a reasonable period. As such, these petitioners would be entitled for the arrears of such benefits for a period of three *8* 903t905wp7701o20group years preceding the dates of their filing of the writ petitions or as per actuals, whichever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30.08.2022.” 6. 7. As such, these Writ Petitions are disposed off. The respondents would grant benefits to the petitioners as directed in paragraphs 9 and 10 (reproduced above) of Changdeo Genuji Dudhat (supra), on or before 30.11.2022. kps (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.)